Lancaster County Circuit Court Report

April 26, 2017

by Audrey Thomasson

LANCASTER—Two men accused of reckless handling of firearms at a yard party July 18, 2010, that ended in a young woman’s death were arraigned in Lancaster County Circuit Court last week. Both were released on secured bond.

Demar Antonio Davenport, 29, of Wicomico Church and Kevin O’Neil Fauntleroy, 31, of Warsaw were each arraigned April 22 on two felonies of reckless handling of a firearm and of possession of a firearm as a convicted violent felon. A charge of second degree murder against Davenport was dismissed April 7.

According to police reports, Jasmine Smith had stopped off at a party in Nuttsville to pick up her car in the early morning hours of July 18, 2010, when she was hit in the head by a stray bullet. She died on the way to the hospital.

Davenport’s father, Marvin, testified on his son’s behalf, saying he hasn’t been in trouble since 2006 and that his employer, Rappahannock Rentals, is holding a job for him.

Commonwealth’s Attorney Jan Smith noted Davenport has convictions in 2008 for trespassing, 2012 for marijuana use, 2014 for phone threats and robbery, and three violations of a protective order in 2015.

Davenport was released on $50,000 secured bond, “…because of miscellaneous convictions over the years,” said Judge R. Michael McKenney.

Rev. James R. Johnson of Second Baptist Church in Warsaw testified on behalf of Fauntleroy, saying he was a regular attendee of the church and very respectful.

“Are you aware that in October 2016 he has a probation violation in Essex County?” asked Commonwealth’s Attorney Jan Smith.

“No,” Rev. Johnson replied.

“Kevin assists in coaching youth football and basketball,” testified the defendant’s brother, Travis Fauntleroy. He said he was aware of his brother’s probation violation in Essex.

Judge McKenney noted Fauntleroy had not followed the rules of his probation. He said that a $25,000 secured bond might be the incentive for him and his family to make sure he appears back in court.

Judge McKenney ordered the release of both men dependent on their peace and good behavior, required them to continue to reside at their parents’ homes and remain employed. He also issued a daily curfew of 8 a.m. to 6 p.m. and pre-trial supervision. He waived their fourth amendment rights against search and seizure, ordered them to stay away from alcohol or drugs and to report weekly to their attorneys.

Davenport’s bench trial is set for 9 a.m. June 30. Fauntleroy has until April 28 to decide whether he wants a jury or bench trial.

A third defendant, Marvin Wendell Davenport Jr., was not transported from Northern Neck Regional Jail for the arraignment. The case against him was continued to April 28.

In another matter, Linwood Neal Jr., was in court on a probation violation for two felony convictions. He was granted a court appointed attorney.

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